3.19.2008

Plaintiff next claims pursuant to Title II of the ADA, which provides in relevant part, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Although plaintiff invokes Title II of the ADA, the Complaint cites to sections of Title I of that act to claim protection from employment discrimination. There is a split among the circuits whether the protections of Title II extend to the employment context. See Currie v. Group Ins. Comm'n, 290 F.3d 1, 6-7 (1st Cir.2002) (declining to decide the issue); Carmona-Rivera v. Puerto Rico, 464 F.3d 14, 17 (1st Cir.2006) (same).